FIRST AMENDED AND RESTATED NETREIT NATIONAL CITY PARTNERS, LP LIMITED PARTNERSHIP AGREEMENTLimited Partnership Agreement • December 30th, 2011 • Netreit, Inc. • Real estate investment trusts • California
This First Amended and Restated NetREIT National City Partners, LP Limited Partnership Agreement (this “Agreement”) is entered into by and between NetREIT, Inc., a Maryland corporation (“NetREIT”), the “General Partner”, and NetREIT and LGI Delaware, LLC, a Delaware limited liability company (“LGI”), each as a “Limited Partner” and together the “Limited Partners”, effective on and as of December 8, 2011 (the “Effective Date”). This Agreement amends, restates and replaces any and all prior partnership agreements of NetREIT National City Partners, LP (the “Partnership”). The name and address of, and number of Units held by, each Partner shall be set forth and maintained in Exhibit A, which is attached hereto and hereby incorporated herein by reference.
ASSUMPTION AGREEMENTAssumption Agreement • December 30th, 2011 • Netreit, Inc. • Real estate investment trusts • California
This Assumption Agreement (“Agreement”) is made and entered into as of the 8th day of December 2011 by and among the following parties: CATHAY BANK, a California banking corporation (“Lender”), on the one hand, and LGI DELAWARE, LLC, a Delaware limited liability company (“Existing Borrower”), LEE JAY GITTLEMAN, aka Lee Gittleman, an individual (“Gittleman”), LEE JAY GITTLEMAN and CINDY ELIZABETH GITTLEMAN, as Trustees of THE GITTLEMAN FAMILY 2007 TRUST DATED DECEMBER 19, 2007 (individually and collectively, “Gittleman Trust”, and together with Gittleman at times hereinafter referred to, individually and collectively, as “Existing Guarantor”), and NETREIT NATIONAL CITY PARTNERS, LP, a California limited partnership (“New Borrower”), on the other hand, with reference to the following facts:
DEED OF TRUSTDeed of Trust • December 30th, 2011 • Netreit, Inc. • Real estate investment trusts • California
THIS DEED OF TRUST is dated June 18, 2010, among LEE JAY GITTLEMAN AND CINDY ELIZABETH GITTLEMAN, AS TRUSTEES FOR THE GITTLEMAN FAMILY2007 TRUST FOR THE BENEFIT OF LEE JAY GITTLEMAN AND CINDY ELIZABETH GITTLEMAN UNDER INSTRUMENT DATED DECEMBER19, 2007, COMMUNITY PROPERTY, whose address is 4705 SEASHORE DRIVE, NEWPORT BEACH, CA 92663 ("Trustor"); CATHAY BANK, a California Banking Corp., whose address is REAL ESTATE COMMERCIAL LOAN DEPARTMENT, 777 NORTH BROADWAY, LOS ANGELES, CA 90012 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION, whose address is 560 EAST HOSPITALITY LANE, SAN BERNARDINO, CA 92408 (referred to below as "Trustee").
